The new textualism has had a big impact on interpretation of the Bill of Rights. Freedom of speech is vigorously protected on the current Supreme Court but in two recent cases over the lone dissent of Justice Alito. This panel will examine the Justices' view on free speech. The Justices have also diverged recently in some striking Fourth Amendment cases. Justices Scalia and/or Thomas have construed the Fourth Amendment broadly, and Chief Justice Roberts and Justices Kennedy and Alito have disagreed. This is also an area where the more liberal Justices disagree in interesting ways. This panel will try to shed light on why the Justices disagree. Bill of Rights literalism will also be considered in terms of its effect on the Takings and Confrontation Clauses, as well as the doctrine of substantive due process.

The Federalist Society's Practice Groups presented this showcase panel on "Textualism and the Bill of Rights" on Thursday, November 14, during the 2013 National Lawyers Convention.